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Lev Kobrin
08-06-2009, 12:38 AM
U.S. to Reform Policy on Detention for Immigrants

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By NINA BERNSTEIN (http://topics.nytimes.com/top/reference/timestopics/people/b/nina_bernstein/index.html?inline=nyt-per)

Published: August 5, 2009

The Obama administration intends to announce an ambitious plan on Thursday to overhaul the much-criticized way the nation detains immigration (http://topics.nytimes.com/top/reference/timestopics/subjects/i/immigration_and_refugees/index.html?inline=nyt-classifier) violators, trying to transform it from a patchwork of jail and prison cells to what its new chief called a “truly civil detention system.”

Details are sketchy, and even the first steps will take months or years to complete. They include reviewing the federal government’s contracts with more than 350 local jails and private prisons, with an eye toward consolidating many detainees in places more suitable for noncriminals facing deportation — some possibly in centers built and run by the government.

The plan aims to establish more centralized authority over the system, which holds about 400,000 immigration detainees over the course of a year, and more direct oversight of detention centers that have come under fire for mistreatment of detainees and substandard — sometimes fatal — medical care.

One move starts immediately: the government will stop sending families to the T. Don Hutto Residential Center, a former state prison near Austin, Tex., that drew an American Civil Liberties Union (http://topics.nytimes.com/top/reference/timestopics/organizations/a/american_civil_liberties_union/index.html?inline=nyt-org) lawsuit and scathing news coverage for putting young children behind razor wire.

“We’re trying to move away from ‘one size fits all,’ ” John Morton, who heads the Immigration and Customs Enforcement (http://www.ice.gov/) agency as assistant secretary of homeland security, said in an interview on Wednesday. Detention on a large scale must continue, he said, “but it needs to be done thoughtfully and humanely.”

Hutto, a 512-bed center run for profit by the Corrections Corporation of America under a $2.8 million-a-month federal contract, was presented as a centerpiece of the Bush administration’s tough approach to immigration enforcement when it opened in 2006. The decision to stop sending families there — and to set aside plans for three new family detention centers — is the Obama administration’s clearest departure from its predecessor’s immigration enforcement policies.

So far, the new administration has embraced many of those policies, expanding a program to verify worker immigration status that has been widely criticized, bolstering partnerships between federal immigration agents and local police departments, and rejecting a petition for legally binding rules on conditions in immigration detention.

But Mr. Morton, a career prosecutor, said he was taking a new philosophical approach to detention — that the system’s purpose was to remove immigration violators from the country, not imprison them, and that under the government’s civil authority, detention is aimed at those who pose a serious risk of flight or danger to the community.

Janet Napolitano (http://topics.nytimes.com/top/reference/timestopics/people/n/janet_napolitano/index.html?inline=nyt-per), the secretary of homeland security, said last week that she expected the number of detainees to stay the same or grow slightly. But Mr. Morton added that the immigration agency would consider alternative ways to assure that those who face deportation — and are not dangerous — do not flee.

Reviewing and redesigning all facilities, programs and standards will be the task of a new Office of Detention Policy and Planning, he said. Dora Schriro, special adviser to Ms. Napolitano, will become the director, assisted by two experts on detention management and medical care. The agency will also form two advisory boards of community groups and immigrant advocates, one focusing on detention policies and practices, the other on detainee health care.

Mr. Morton said he would appoint 23 detention managers to work in the 23 largest detention centers, including several run by private companies, to ensure that problems are promptly fixed. He is reorganizing the agency’s inspection unit into three regional operations, renaming it the Office of Detention Oversightð, and making its agents responsible for investigating detainee grievances as well as conducting routine and random checks.

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